Ex parte MARKHAM - Page 6




          Appeal No. 2001-2178                                                        
          Application No. 09/039,466                                                  


               loop/knot of Hermanson as a slip knot.  Slip knots                     
               are well [known] connection means.                                     
                    As to the applicant[’]s claims of a door the                      
               examiner notes that Hermanson discloses a door, as                     
               to the device of Hermanson [including] a door knob                     
               the examiner notes that most doors have door knobs,                    
               and as to the applicant claiming a loop attached to                    
               the door knob the examiner notes that the loop of                      
               Hermanson is capable of being attached to a door                       
               knob [answer, pages 3 and 4].                                          
               The slip knot attachment recited in claim 1 is described               
          in the underlying specification (see pages 5 and 6) as having               
          particular significance within the context of the claimed                   
          exercising device in that when tightened it causes the two                  
          legs or ends of the elastic cord to function independently of               
          one another and when loosened it allows the two legs or ends                
          to function in concert with one another.  Slip knots certainly              
          were well known expedients at the time of the appellant’s                   
          invention as evidenced by Froelich.  There is nothing in this               
          conventional knowledge, however, or in Froelich, which would                
          have suggested any reason, let alone the particular benefits                
          contemplated by the appellant, for modifying Hermanson’s                    
          anchoring loop 3 to include a slip knot attachment.  The mere               
          fact that the prior art could be so modified would not have                 
          made the modification obvious unless the prior art suggested                

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